TIVO vs E*

[Richard Cranium]

I’ve sat and had the best and the brightest explain this to us, and I’m just stubborn. -- Charlie Ergen

A (Hillman) THAT SUBJECT RANG A BELL. I’M FAMILIAR WITH THE DEBATE
HERE ABOUT WHETHER THERE IS THAT COMMUNICATION AND WHAT WE
SAID IN THE OPINION LETTERS.

Q (Chu) AND YOU STAND BY WHAT WAS SAID IN THE OPINION LETTERS ONE
HUNDRED PERCENT DESPITE THE FACT THAT YOU KNOW DR. RHYNE’S
TESTIMONY ON THAT SUBJECT. IS THAT CORRECT?

A ABSOLUTELY.

Q AND YOU KNOW DR. RHYNE’S TESTIMONY ON THAT SUBJECT?

A YES, I DO.

 

[jacmyoung]

A clear mental case of amnesia

 

[jacmyoung]

But what if it doesn't happen...

Before I answer this question, please answer mine. How much relevance do you think this case has now? If your point is still that old one, I will not waste my time.

 

[jacmyoung]

...A NO. OF COURSE AS WE’VE SAID –- AS I SAID BEFORE, THE BOXES IN THE FIELD HAVE NOT CHANGED, THE HARDWARE HAS NOT CHANGED, AND, IN PARTICULAR, THAT MEMORY HAS NOT CHANGED.

Did Judge Folsom say he was trying to find out if the hardware had changed? No, he wants to find out how much change was made by the software, and go from there.

Did Mr. Chu even read Judge Folsom's agenda?

 

[jacmyoung]

You're like a ten-car crash on the Interstate. You don't want to look, because you know it will be gruesome and painful, but you just can't help yourself.

You obviously have no more "examples" of your own because every time, I stared right down on your examples, they were crap. You can't look at the wreckage of your own.

 

[jacmyoung]

Gee, making stuff up again? I am shocked. (NOT!)

Even if, for the .000001% chance that the USPTO invalidates the claims, Judge Folsom must treat the claims as valid until TiVo has exhausted all avenues of appeal. That is the law of the land.

As I (and numerous others) have pointed out to you time and time again, this case will long be over before all appeals have been exhausted. So the patents are valid for the duration of this case. That is a simple fact that you refuse to acknowledge.

Again you have not read case law, often times after the USPTO invalidated the relevant patent involved in the litigation, the defendant managed to have future judgment on hold, even though it is true that the final judgment that was already confirmed may not change, but future issues are often impacted by invalidation decision, even if the litigation may continue.

If the software claims are invalidated, TiVo will be so busy trying to appeal.

 

[Richard Cranium]

I’ve sat and had the best and the brightest explain this to us, and I’m just stubborn. -- Charlie Ergen

Q (BY MR. CHU RIGHT. SO WHEN AS A LAWYER YOU ARE NOT
ONLY CAREFUL, BUT WHEN YOU ARE DOING AN OPINION LETTER ON YOUR
FIRM’S LETTERHEAD AND YOU ARE OFFICIALLY ASSIGNING AN OPINION
LETTER, YOU UNDERSTAND THAT THAT CAN IMPOSE SERIOUS LIABILITY
ON YOUR LAW FIRM, SO YOUR DEGREE OF CARE IS EVEN MORE
HEIGHTENED, CORRECT?

A (Hillamn) ABSOLUTELY.

Q SO WHEN YOU READ IN MR. AARONSON’S DRAFT A REFERENCE TO
FIGURES 2 AND 3, YOU DIDN’T THINK ANYTHING OF THE FACT THAT
THERE WAS NO FIGURE 3 AT ALL. YOU DIDN’T MAKE THAT CHANGE,
DID YOU?

A NO.

Q AND SO THERE WAS SOME SIMILARITY BETWEEN THE OPINION
LETTERS, SO SOME OF THESE ISSUES ABOUT THAT ERROR, FOR
EXAMPLE, MAY BE IN MORE THAN ONE OF THE OPINION LETTERS,
CORRECT?

A I DIDN’T UNDERSTAND THAT. I’M SORRY.

Q OKAY. EACH OF THE SEVERAL OPINION LETTERS DESCRIBE
CLAIMS, CLAIM TERMS, THE TECHNOLOGY, THE ECHOSTAR BOXES THAT
WERE ALL PROPOSED MODIFICATIONS AND THE LIKE, AND THERE WAS A
LOT OF TEXT FROM OPINION LETTER NUMBER 1 THAT’S VERY SIMILAR
OR THE SAME AS OPINION LETTER NUMBER 2, AND OPINION LETTER
NUMBER 3. IS THAT CORRECT?

A THAT’S CORRECT.

Q SO IF THERE WAS A MISTAKE IN ONE LETTER, IT MIGHT HAVE
APPEARED IN A SECOND OR THIRD, OR IT MIGHT NOT HAVE, DEPENDING
ON THE EXACT CONTEXT, CORRECT?

A EITHER WAY IS POSSIBLE.

Q NOW, WHEN AN OPINION LETTER SAYS AT THE OUTSET THAT IT’S
RENDERING AN OPINION ON VALIDITY OF THE PATENT BUT YOU DON’T
SEE ONE WHIFF, OR HINT, OR DISCUSSION, OR ANALYSIS ABOUT THE
VALIDITY OF THE PATENT, YOU WOULD CONSIDER THAT TO BE A
MISTAKE, CORRECT?

A YES.

 

[nobody99]

You obviously have no more "examples" of your own because every time, I stared right down on your examples, they were crap.

You "stared right down on" my example? What does that even mean? LOL. Thanks for the laugh this morning. I literally had coffee coming out of my nose . I heard a good phrase on Bloomberg radio this morning that I hereby bequeth to you:

We are all witnessing Jacmyoung's Reign of Error!

 

[nobody99]

If the software claims are invalidated, TiVo will be so busy trying to appeal.

Actually, they won't. They will draw directly from the DISH Clown-Posse Legal Team and do everything they can to maximize delay. They will be the opposite of "busy trying to appeal." It just kind of shows how little you actually know about the law.

As I (and many others) have said, the infringement case will be long over (and TiVO paid I princely sum, I suspect) long before any patent claims are invalidated.

 

[vampz26]

Somebody needs to tell a certain person that keying everything in all capital letters constitutes 'shouting' and adds no value to an otherwise valueless post regardless...

 

[nobody99]

Somebody needs to tell a certain person that keying everything in all capital letters constitutes 'shouting' and adds no value to an otherwise valueless post regardless...

The transcript, unfortunately, is typed in that way. Mr. Cranium could perhaps use a link like this

Capitalize Sentences with this javascript Tool

But it will probably choke on names, etc.

 

[jacmyoung]

The transcript, unfortunately, is typed in that way. Mr. Cranium could perhaps use a link like this

Capitalize Sentences with this javascript Tool

But it will probably choke on names, etc.

Capital cases or not, the fact of the matter is, those TiVo sorry folks have no courage to face E*’s questioning, and yet they have the ball to say I could not face your sorry stories. I have not missed a single one of yours and have time after time put those Mr. Chu’s questions where they belong, trash can!

Just realize, by not willing to post anything from E*, the credibility of your sorry villagers are already down the drain. All you can do in your little village is to cry that the system had wronged you, what a bunch of losers.

 

[nobody99]

Capital cases or not, the fact of the matter is, those TiVo sorry folks have no courage to face E*’s questioning, and yet they have the ball to say I could not face your sorry stories. I have not missed a single one of yours and have time after time put those Mr. Chu’s questions where they belong, trash can!

Just realize, by not willing to post anything from E*, the credibility of your sorry villagers are already down the drain. All you can do in your little village is to cry that the system had wronged you, what a bunch of losers.

Uhm...what the H - E - Double Hockey Sticks are you talking about?

I would like to suggest, as a friend, that you get off the sauce. Or whatever it is you're on. You are going to hurt someone.

 

[riffjim4069]

Somebody needs to tell a certain person that keying everything in all capital letters constitutes 'shouting' and adds no value to an otherwise valueless post regardless...

I have no problem with the text - I think many of us realize this is how the transcripts were formatted.

 

[Richard Cranium]

I have no problem with the text - I think many of us realize this is how the transcripts were formatted.

Those of us not crying out for attention, anyway.

 

[jacmyoung]

Uhm...what the H - E - Double Hockey Sticks are you talking about?

I would like to suggest, as a friend, that you get off the sauce. Or whatever it is you're on. You are going to hurt someone.

Please, my standard of a friend is much higher

If one just read Mr. Chu’s questions, one could almost think Judge Folsom had made the following orders for his hearing:

1) Whether it is ok for E* to violate my order;
2) Whether E* had changed the hardware or not;
3) Whether the prominent patent firm could really read the engineering software codes or not; and
4) Whether the witnesses are reliable or not.

Believe me, I read the judge’s hearing order a few more times just to be sure, I swear he did not order the above items.

 

[Thomas22]

I have no problem with the text - I think many of us realize this is how the transcripts were formatted.

Some people just want to be mods. It's best to ignore them.

 

[vampz26]

Those of us not crying out for attention, anyway.

Well, if attention is what you want, than spamming a forum with endless cut-and-paste transcripts is an excellent way to do it. Good job, I guess...

 

[Richard Cranium]

Well, if attention is what you want, than spamming a forum with endless cut-and-paste transcripts is an excellent way to do it. Good job, I guess...

You don't know what spamming is, do you?

 

[Richard Cranium]

I’ve sat and had the best and the brightest explain this to us, and I’m just stubborn. -- Charlie Ergen


Q (Chu) AND YOU STAND BY WHAT WAS SAID IN THE OPINION LETTERS ONE
HUNDRED PERCENT DESPITE THE FACT THAT YOU KNOW DR. RHYNE’S
TESTIMONY ON THAT SUBJECT. IS THAT CORRECT?

A (Hillman) ABSOLUTELY.

Q AND YOU KNOW DR. RHYNE’S TESTIMONY ON THAT SUBJECT?

A YES, I DO.

Q THANK YOU. NOW, YOU DISCUSSED WHEN YOU WERE TESTIFYING
ABOUT YOUR OPINION LETTERS CIRCULAR BUFFERS. IS THAT CORRECT?

A I’M SORRY. MY MIND WANDERED FOR A SECOND. COULD YOU
REPEAT IT?